- Latest available (Revised)
- Original (As enacted)
Neighbourhood Planning Act 2017
You are here:
What Version
Advanced Features
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted).
4Modification of neighbourhood development order or plan
This section has no associated Explanatory Notes
(1)Section 61M of the Town and Country Planning Act 1990 (revocation or modification of neighbourhood development orders) is amended in accordance with subsections (2) and (3).
(2)After subsection (4) insert—
“(4A)A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.”
(3)In subsection (5)—
(a)for “that order” substitute “the neighbourhood development order mentioned in subsection (4) or (4A)”, and
(b)after “(4)” insert “or (4A)”.
(4)The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsections (5) to (10).
(5)In section 38A (meaning of “neighbourhood development plan”) after subsection (11) insert—
“(11A)Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.”
(6)Section 38C (neighbourhood development plans: supplementary provisions) is amended in accordance with subsections (7) to (9).
(7)After subsection (2) insert—
“(2A)Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—
(a)subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,
(b)subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and
(c)subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.”
(8)In subsection (3)—
(a)the words from “the words” to the end of the subsection become paragraph (a), and
(b)at the end of that paragraph insert “, and
(b)the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.”
(9)In subsection (6)—
(a)the words from “on proposals” to the end of the subsection become paragraph (a), and
(b)at the end of that paragraph insert “, or
(b)on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.”
(10)After Schedule A1 insert the Schedule A2 set out in Schedule 1 to this Act.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.